SUNNY KHAJURIA Vs. STATE OF J & K

JUDGEMENT

(1.) The case of the petitioners is that they are major and were having a love affair. They have solemnized marriage on 21/11/2016 at Arya Samaj, Janipur, Jammu. Prior to the solemnization of marriage, they have entered into marriage agreement. It is stated that after the solemnization of marriage, both the petitioners were legally entitled to stay with each other as husband and wife. Petitioner No.2 informed her family about petitioner No.1 and also expressed that she has developed a liking for him, but petitioner No.2 was discouraged by his family members including her brothers. When parents of petitioner No.2 decided to get her married to someone else, petitioner No.2 was left with no option but to disclose that she has already contracted marriage with petitioner No.1 and as such, requested her parents and brothers to allow her to join the company of petitioner No.1. Petitioner No.2 was confined in her house against her wishes and was beaten by her father and brothers. Somehow, petitioner No.2 was able to come out of the confinement and joined the company of petitioner No.1 in first week of March, 2019, wherefrom they have hidden themselves at a place, where the private respondents may not exert force on them. Thereafter, the private respondents appeared at the residence of petitioner no.1 and have threatened his parents that they shall not allow the petitioners to remain together as they do not recognize any marriage solemnized between the two.

(2.) It is further stated in the petition that on 14/3/2019, father and mother of petitioner No.1 were even taken by police officials to the Police Station Sidhra and they were sought to be arrested on the pretext of some false and frivolous complaint lodged by private respondents. However, the petitioners and the family members of petitioner No.1 are living under serious threat perception. They are frightened to such an extent that they are not in a position to move openly and their life and limb are in danger.

(3.) They have proceeded to state that their movement has been restricted due to the continuous harassment meted out to them at the hands of the respondent No.6 to 9. They have also stated that the threat perception looms large on their heads, as the respondent Nos.6 to 9 have openly declared that they will do away with their lives.